When I do Wills for clients, I always discuss the option of doing Living Wills and Health Care Proxies. I consider these so important, and so fundamental to proper practice, that I offer them at no additional charge. Here are
Barry Seidel, Esq.
I handle probate and administration cases in New York. This is not “estate planning”. These cases involve situations where “Somebody died, and then…” Most cases involve three questions, which are: 1. Is there a Will or not? 2. Is the situation friendly or unfriendly? 3. Are you the person who will be handling the Estate or a person affected by the handling of the Estate.
Website:
https://www.queensprobate.com/
Latest from Barry Seidel, Esq. - Page 3
How I Interview for a Will – What I ask and WHY
By Barry Seidel
When I am discussing the possible preparation of a Will, I ask a series of questions that follow a general framework. This tends to bring all the issues to the surface in a logical way. I respect that people often…
Proving Negatives in Kinship Cases
By Barry Seidel
As noted in previous posts, aunts/uncles/cousins CAN inherit, subject to certain special rules.
During a kinship trial, cousin claimants not only have to prove their relationship, they also have to dis-prove the prior classes. Specifically, they have to prove that…
Aunt/Uncle/Cousin Cases in Surrogate’s Court
By Barry Seidel
If a person dies without a Will, and the closest relatives are aunts, uncles and first cousins, do they inherit in New York?
The answer is YES, but there are some special rules. Aunts, uncles and cousins can inherit if…
Wills and the Dysfunctional Family
By Barry Seidel
Sometimes family members feud.
Sometimes it’s irreparable (in the eyes of the participants…..I would always beg to differ, but that’s another story).
Sometimes thoughts of money and mortality will lead a person to take action.
So they make a will….with…
Who Should REALLY Make a Will? (you might be surprised)
By Barry Seidel
Who REALLY ought to make a Will?
If you are considering whether you need to or not, the answer to this question starts with a question…..
“Who would inherit from you if you did not make a Will?”
When I…
More “Little Things” That Affect Probate
By Barry Seidel
In the last post I set forth a few “little things” that affect the probate process. These things impact the complexity, timing and expense that may be involved. Here are a few to consider:
1. A Will that is not…
Important “Little Things” That Affect Probate
By Barry Seidel
When we “probate” a Will, we are having the Court recognize it as official and proper. The Court then grants “Letters Testamentary” to the Executor, giving the appointed person authority to act.
When looking at a probate proceeding, a few basic…
What an Easy Probate Looks Like
By Barry Seidel
To understand things that would add complexity to probating a Will, it is useful to look at what an ideal (and easy) probate looks like. The complicated situations occur when one or more of these simplifying factors are missing, or when…
Probate is Not a Dirty Word
By Barry Seidel
The word “probate” is often tossed around as something to be avoided. As if the failure to avoid it were a mark of stupidity, or symbolized a lack of care or planning.
On some level if a person does extensive…